Posts Tagged "parallel import"

Exhaustion of trademark rights in India – The whole world is one market, or is it?

The Division Bench of the High Court of Delhi says it is, after having ruled in favour of “International Exhaustion” in the case of Kapil Wadhwa vs. Samsung Electronics Ltd., the only latest case available on the Doctrine of Exhaustion in India. So the bundle of exclusive rights granted to a trademark holder does not seem to include the fact that they cannot restrain parallel importers of those products who exploit this doctrine to benefit themselves.

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